President Obama's "accommodation" to religious organizations earlier this month on the contraceptive
coverage mandate has not quelled the furor as at least a half-dozen
groups, primarily small, religiously affiliated colleges and
universities, take the administration to court over the rule.
"The First Amendment protects Americans from
mandates that require us to act against our own convictions," Geneva
College President Ken Smith said in a statement.
But while the smaller schools are assailing
the Obama administration in federal court over what they claim is an
attack on First Amendment freedoms, big-time Catholic universities like
Notre Dame and Georgetown appear to be hanging back -- some, like
Georgetown, already offer optional contraceptive coverage.
The Alliance Defense Fund filed suit Tuesday
on behalf of Geneva College, a Christian-affiliated school in
Pennsylvania. The ADF also filed suit over the weekend on behalf of
Louisiana College, a private Baptist institution.
Separately, the Becket Fund for Religious Liberty
has filed suit on behalf of four groups -- Ave Maria University, a
Catholic school in Florida; Belmont Abbey College, a North Carolina
Catholic college; Colorado Christian University and the Eternal Word
Television Network.
The legal maneuvers come as groups like the U.S. Conference of Catholic Bishops express deep concerns about the rule.
Obama and Health and Human Services Secretary Kathleen Sebelius
earlier this month tried to tamp down the controversy about the
coverage requirement by announcing what was described as an
"accommodation."
The change would allow religiously
affiliated organizations like schools and hospitals to refuse to cover
contraceptive care. But the insurers themselves would be required to
make contraception available free of charge to women anyway. That, say
opponents, is no good since many of the groups are self-insured.
But in the wake of the decision, some major religiously affiliated schools appear to be reserving judgment.
Stacy Kerr, a spokeswoman at Georgetown
University, said the university is "watching closely and evaluating our
options, ever mindful of our Catholic and Jesuit identity and mission."
In an email to FoxNews.com, Kerr said the school is looking at the details of the revised plan to see how it would be affected.
She noted that the university provides employees access to plans that do not cover birth control, as well as plans that do.
"If there are any changes to the law,
Georgetown will continue to provide health insurance that is legally
compliant," Kerr said.
The University of Notre Dame likewise said
in a statement that it would "continue to monitor the situation and work
in collaboration with the U.S. bishops, other faith-based organizations
and the administration to arrive at an acceptable conclusion."
The college president, Rev. John Jenkins,
in September wrote to Sebelius expressing concern about the
contraceptive mandate. He wrote that the earlier rule would require the
school to offer coverage for sterilization, contraceptives and the
so-called morning-after pill "in violation of the Church's moral
teaching."
According to a recent article in the campus
newspaper The Observer, Jenkins praised the administration's revision as
a "welcome step."
However, the article noted that the change
would not necessarily do anything for Notre Dame because the university
self-insures. One professor told The Observer the school will still be
required to offer contraceptive coverage despite the change.
Boston College,
another prominent Catholic-affiliated school, has been quiet on the
contraceptive coverage mandate front -- though the college reportedly
already offers contraceptive coverage. A representative with the college
did not return a request for comment.
Some states already have contraceptive
coverage requirements. And the National Women's Law Center recently
compiled a list of roughly three-dozen Catholic-affiliated schools that
offer some form of that coverage -- though sometimes in very limited
circumstances.
White House Press Secretary Jay Carney on Tuesday downplayed the latest string of lawsuits related to the federal requirement.
"The president's focus was on finding the
right balance," Carney said. "And we are continuing to work with
stakeholders to implement that solution in a way that we believe
satisfies the concerns -- or should satisfy the concerns of those in
terms of their religious beliefs.
"The approach was to find that balance, to
ensure that the coverage was provided, and to respect religious beliefs.
It was not to ensure that everybody said that they were okay with it --
because you often cannot find a solution to difficult issues if that's
the approach you take," Carney said.
The Justice Department had no comment on the suits.
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